Do I have to go to Court for an Agreed Divorce?

I am often asked “do I have to go to court in an agreed divorce, where we agree on everything?” The answer depends on a number of things, but the answer in Rutherford County divorce cases is often no.

In the past, whether or not parties had to go to court in Rutherford County to finish up an agreed divorce depended upon whether or not they had children. In agreed divorces with children, courts typically required at least one party to appear. In courts without children, however, courts would grant a divorce without the parties present, so long as the parties signed certain documents.

Rutherford County divorce courts recently announced a change to the longstanding policy regarding court appearances, which now allows all agreed divorces, even divorces where the parties have minor children, to be finalized without an appearance by the parties.

This is important because it means that, if you and your spouse agree to the terms of your divorce, you can both file your divorce and be awarded a divorce without either of you going to court.

If you and your spouse want to make the process as simple as possible, without either party having to go to court, the first, and most important, step is to consult with an experienced divorce lawyer.

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